- 28 - and for the life of the survivor. See Estate of Vitt v. United States, 706 F.2d at 875.15 Finally, petitioner relies on United States v. Herring, 240 F.2d 225 (4th Cir. 1957), and United States v. Bowcut, 287 F.2d 654 (9th Cir. 1961). These cases, like the case now before us, concerned the estate tax and the income tax, and in both cases the taxes were not imposed on a single taxable event. In both cases, however, the single-transaction requirement was found to be satisfied, and equitable recoupment was applied in the taxpayer's favor. In United States v. Herring, supra, the decedent died in 1948, and his surviving spouse, as administratrix, filed the estate tax return in 1949, paying the tax due. In 1951, the Government issued a preliminary notice proposing a deficiency in 15Although arguably there were two taxable events in Estate of Vitt v. United States, supra,-- the death of Edward Vitt and the death of Verlena Vitt, see Parker v. United States, 110 F.3d 678, 684 (9th Cir. 1997) (finding that death is a taxable event), see infra p. 46--the Court of Appeals for the Eighth Circuit considered the single transaction requirement met by the precipitating transaction, the lifetime transfer of the property to the Vitts’ descendants. Similarly, in the instant case, arguably there were two transactions or taxable events--the transfer of the stock to petitioner upon decedent's death and the subsequent sale by petitioner of that stock--the precipitating transaction, however, was the valuation of the same item in the transfer from decedent to petitioner. We note that the Supreme Court in Bull v. United States, 295 U.S. 247 (1935), also did not consider the death of Bull and the transfer of the overvalued partnership interest to the estate; instead it viewed the precipitating transaction--the distribution of the partnership income--as the single transaction.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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